- (a) the action taken to prevent risk to the consumer; and
- (b) where the product is being or has been marketed or otherwise supplied to consumers outside the United Kingdom, of the identity of each Member State in which, to the best of his knowledge, it is being or has been so marketed or supplied.
(2) Paragraph (1) shall not apply—
- (a) in the case of a second-hand product supplied as an antique or as a product to be repaired or reconditioned prior to being used, provided the supplier clearly informed the person to whom he supplied the product to that effect,
- (b) in conditions concerning isolated circumstances or products.
(3) In the event of a serious risk the notification under paragraph (1) shall include the following—
- (a) information enabling a precise identification of the product or batch of products in question,
- (b) a full description of the risks that the product presents,
- (c) all available information relevant for tracing the product, and
- (d) a description of the action undertaken to prevent risks to the consumer.
(4) Within the limits of his activities, a person who is a producer or a distributor shall co-operate with an enforcement authority (at the enforcement authority’s request) in action taken to avoid the risks posed by a product which he supplies or has supplied. Every enforcement authority shall maintain procedures for such co-operation, including procedures for dialogue with the producers and distributors concerned on issues related to product safety.
PART 3
ENFORCEMENT
Enforcement
10.—(1) It shall be the duty of every authority to which paragraph (4) applies to enforce within its area these Regulations and safety notices.
(2) An authority in England or Wales to which paragraph (4) applies shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under these Regulations which was committed outside its area in any part of England and Wales.
(3) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under these Regulations which was committed outside its area in any part of Northern Ireland.
(4) The authorities to which this paragraph applies are:
- (a) in England, a county council, district council, London Borough Council, the Common Council of the City of London in its capacity as a local authority and the Council of the Isles of Scilly,
- (b) in Wales, a county council or a county borough council,
- (c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(a)[1],
- (d) in Northern Ireland any district council.
(5) An enforcement authority shall in enforcing these Regulations act in a manner proportionate to the seriousness of the risk and shall take due account of the precautionary principle. In this context, it shall encourage and promote voluntary action by producers and distributors. Notwithstanding the foregoing, an enforcement authority may take any action under these
- ↑ (a) 1994 c.39.
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